Mannu Alias Mannu Ram and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9280 of 2023 Petitioner :- Mannu Alias Mannu Ram And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Shailesh Kumar Shukla,Krishna Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record.

¶2Under challenge in this petition is the First Information Report dated - 06.11.2023 lodged at F.I.R. No. - 0687 of 2023, under Sections - 147, 352, 452, 323, 504, 506 of the I.P.C. and Section 3(1) (Gha) of the Scheduled Castes and Scheduled Tribes (Atrocities of Prevention) Act, 1989, at P.S.- Kotwali Dehat, District-Bahraich.

¶3Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 41A Cr.P.C. for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment.

¶4Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 41A Cr.P.C. and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 7.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench